M/S. Digitally Secured Solutions vs State Of Karnataka, By The Principal Secretary, Department Of Higher Education, Bengaluru � 560021 & Others

S.R. Krishna Kumar, J

In this petition, petitioner seeks the following reliefs -

(i) Issue a writ of certiorari quashing the impugned tender notification bearing No.T-654/2024-2025 dated 14.06.2024. Copy as at Annexure - A issued by respondent No.2.

(ii) Issue a writ of mandamus directing the respondent No.2 to consider the representation dated 20.06.2024 made by the petitioner herein copy as at Annexure - F.

(iii) Pass such other order or orders as this Hon'ble Court deems fit, in the interest of justice and equity.

Heard.

Though several contentions have been urged by both sides in support of their respective claims, on 26.06.2024 this Court passed an interim order directing the respondents not to finalize the subject tender till today.

Learned counsel for the respondents submits that since the interim order did not prevent/restrain the respondent No.2 from considering the technical bid of all bidders including the petitioner, second respondent went ahead with the said process and found that the petitioner was not qualified/eligible and rejected the technical bid of the petitioner on 27.06.2024.

Per contra, learned counsel for the petitioner submits that if liberty is provided, the petitioner would satisfy the second respondent about his eligibility/qualification and prays that necessary directions may be issued to the second respondent to reconsider the technical bid of the petitioner.

By way of reply, learned counsel for the second respondent submits that the convocation of the second respondent - University for the purpose of which the subject tender was issued is scheduled to be conducted on 18.07.2024 and as such, there is urgency in the matter.

In view of the aforesaid facts and circumstances, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this writ petition directing the petitioner to appear before the second respondent on 08.07.2024 for the purpose of re-consideration of the technical bid submitted by him.

It is further directed that immediately upon the petitioner appearing before the second respondent on 18.07.2024 and submitting the documents in relation to his eligibility/qualification, etc., towards the technical bid, the second respondent shall re-consider the technical bid of the petitioner and proceed further in accordance with law.

Subject to the aforesaid directions, petition stands disposed of.